Ban on Gutkha

The Food Safety and Standards Act, 2006 was enacted with the objective of ensuring availability of safe and wholesome food for human consumption. This Act, as well as the earlier Prevention of Food Adulteration Act 1954, gives a wide definition of ‘food’ and includes therein any article/substance which is intended for human consumption.The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011, issued under the Food Safety and Standards Act, 2006, lays down that tobacco and nicotine shall not be used as ingredients in any food products. The Hon`ble Supreme Court in Godawat Pan Masala Vs UOI, 2004 (7) SCC 68 has also held that “Since pan masala, gutka or supari are eaten for taste and nourishment, they are all food within the meaning of Section 2(v) of the (Prevention of Food Adulteration) Act.” As such, by virtue of the regulation dated 1st August 2011 issued under the Food Safety and Standards Act, 2006, read with the judgement of the Hon’ble Supreme Court on the issue, Gutkha products are food products containing tobacco and nicotine and their manufacture, sale or storage is not permitted under law. By virtue of the same regulation, Pan Masala, if it contains tobacco and nicotine, cannot be manufactured or sold. Enforcement of this regulation, however, lies with the Commissioners of Food Safety under the state govenments, as per the provisions of Food Safety & Standards Act 2006.

Ministry of Health and Family Welfare has been regularly sending advisories to the states to implement and enforce the said regulation. The state governments which have so far issued orders/notification to enforce implementation of the ban in accordance with the above regulation are Madhya Pradesh, Kerala, Bihar, Rajasthan, Maharashtra, Gujarat, Haryana, Chhatisgarh, Jharkhand, Mizoram, Delhi, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Chandigarh and Punjab. In addition, Goa has enforced the ban through its State Public Health Act.

There is no question of compromising with the life of millions of people. This Ministry has repeatedly advocated with the state governments to strictly implement the ban onGutkha in letter and spirit. Further, the Ministry has also brought to the notice of the state governments the judgements of the Hon’ble Allahabad High Court in the cases of M/s. KhedalLal& Sons Vs. State of U.P. FAC 1981 (1) 262, and ManoharLalVs State of U.P. Criminal Revision No.318 of 1982, wherein the High Court have held that Chewing tobacco is a food article. In view of this, and the regulation dated 1st August 2011 issued under the Food Safety and Standards Act, 2006, this Ministry has again written to the state governments to consider examining the issue for banning the sale of gutkha, pan masala, zarda or other chewable products having tobacco and nicotine, with immediate effect.

The Ministry is also trying to generate public awareness through media and outdoor campaigns.

This information was given by Minister for Health & Family Welfare Shri Ghulam Nabi Azad in written reply to a question in the Rajya Sabha today on 27.11.12